Illinois Probate Deadlines: What to File and When

Publication alone protects an estate from unknown creditors in Illinois — known creditors need their own mailed notice, or their claim survives regardless of the newspaper ad.

755 ILCS 5, Article XVIII

Quick answer: the deadline that anchors most of the schedule is the 6-month creditor claim window, running from first publication — but it only holds if publication was done correctly. See the full Illinois probate timeline calculator for your specific estimate.

The core deadlines, in order

DeadlineIllinois ruleStatute
Notice to creditors publishedOnce/week for 3 consecutive weeks755 ILCS 5/18-3
Direct notice to known creditorsBy mail, alongside publication755 ILCS 5/18-3
Publisher's affidavit filed with courtAfter publication completes755 ILCS 5/18-3
Inventory dueWithin 60 days of appointment755 ILCS 5/24-1
Creditor claim deadlineLater of 6 months from publication, or 3 months from mailing755 ILCS 5/18-3
Absolute bar (regardless of letters)2 years from date of death755 ILCS 5/18-12
Illinois estate tax return (if required)Form 700 within 9 months of death35 ILCS 405

The publication trap

Why this matters: the 6-month creditor claim period under 755 ILCS 5/18-3 only starts once the Notice to Creditors has been properly published — once a week for three consecutive weeks — and documented with a publisher's affidavit filed with the court. If that step is skipped or done incorrectly, the representative may not be able to show the 6-month clock ever properly started, effectively leaving the estate exposed to the full 2-year outer bar under § 18-12 instead of the much shorter statutory window.

Good-faith protection, not a personal shield forever

A representative who acts in good faith to identify and notify creditors isn't personally liable for a claim that surfaces late. But that claim isn't extinguished — it can still be asserted against estate assets that haven't yet been distributed, and against distributees up to the amount that would have gone to that creditor had it been paid on time.

Facing probate in Illinois?

A local probate attorney can review your estate — many offer a free consultation.

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Illinois probate deadlines — frequently asked questions

Does publishing notice alone bar all Illinois creditor claims?

No. Publication bars unknown creditors, but known creditors — those reasonably ascertainable to the representative — must also receive direct mailed notice; publication alone does not cut off their claims under 755 ILCS 5/18-3.

What is a publisher's affidavit and why does it matter in Illinois probate?

It's the newspaper's sworn confirmation that the Notice to Creditors ran correctly, filed with the court as proof. Without it, the representative may not be able to show the 6-month claim period ever properly started, risking the longer 2-year outer bar instead.

Is an Illinois fiduciary personally liable for a late-filed claim?

Generally not, if they acted in good faith to determine and notify creditors under Section 18-3. A late claim can still be asserted against undistributed estate assets, and against distributees up to the amount that would have gone to the creditor.

When is Illinois's Form 700 estate tax return due?

Within 9 months of the date of death, for estates above the $4,000,000 exemption — one of the lowest state estate tax exemptions in the country, and not portable between spouses.

Estimate for general guidance only, not legal advice. Based on 755 ILCS 5/18-3, 5/18-12, 5/24-1; 35 ILCS 405. Confirm current deadlines with the Circuit Court or a licensed Illinois attorney.